No. 29

STATE OF MICHIGAN

Journal of the Senate

95th Legislature

REGULAR SESSION OF 2009

Senate Chamber, Lansing, Tuesday, April 21, 2009.

10:00 a.m.

The Senate was called to order by the President, Lieutenant Governor John D. Cherry, Jr.

The roll was called by the Secretary of the Senate, who announced that a quorum was not present.

Allen—present Garcia—excused Olshove—present

Anderson—present George—present Pappageorge—present

Barcia—present Gilbert—excused Patterson—present

Basham—present Gleason—present Prusi—present

Birkholz—present Hardiman—present Richardville—present

Bishop—present Hunter—present Sanborn—present

Brater—present Jacobs—present Scott—present

Brown—present Jansen—present Stamas—present

Cassis—present Jelinek—present Switalski—present

Cherry—present Kahn—present Thomas—present

Clark-Coleman—present Kuipers—present Van Woerkom—present

Clarke—present McManus—present Whitmer—present

Cropsey—present

Reverend Dr. Geoffrey Drutchas of St. Paul United Church of Christ of Taylor offered the following invocation:

O God, at the start of another legislative day, we call upon Your gracious blessings and help. At the turmoil and uncertainty of tough economic times, guide this Senate body in the deliberations and decisions so essential to Michigan’s recovery and well-being.

Grant, O God, to each Senator present the wisdom and insight to recognize the fresh opportunities that You make possible, even in the face of adversity. Inspire and sustain these men and women as You alone can do, so that working together they can meet all challenges which await, providing vital and determined leadership not only grounded in hope, but also tempered by pragmatism. Amen.

The President, Lieutenant Governor Cherry, led the members of the Senate in recital of the Pledge of Allegiance.

Recess

Senator Cropsey moved that the Senate recess subject to the call of the Chair.

The motion prevailed, the time being 10:07 a.m.

10:53 a.m.

The Senate was called to order by the President, Lieutenant Governor Cherry.

During the recess, Senators Sanborn, Thomas, Scott, Richardville, Hunter, Barcia, Kuipers, Patterson, Brown, Bishop, McManus, Jansen, Van Woerkom, Stamas, Hardiman, Allen, Kahn, Cassis, George, Birkholz, Jelinek and Pappageorge entered the Senate Chamber.

A quorum of the Senate was present.

Motions and Communications

Senator Cropsey moved that Senators Garcia and Gilbert be excused from today’s session.

The motion prevailed.

Senator Cropsey moved that the following bill, now on the order of the order of General Orders, be referred to the Committee on Commerce and Tourism:

House Bill No. 4670, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 64 (MCL 421.64), as amended by 2003 PA 174.

The motion prevailed.

The following communication was received:

Department of State Police

April 15, 2008

Enclosed is the FY08 Annual Report and Evaluation for the Secondary Road Patrol and Traffic Accident Prevention Program.

This report satisfies the reporting requirements contained in Public Act 416 of 1978, as amended. Copies of this report are transmitted to the Governor’s Office, Clerk of the House, Secretary of the Senate, Chair of the House Appropriations Committee, Chair of the Senate Appropriations Committee, each county sheriff, the Michigan Sheriffs’ Association, and the Deputy Sheriff’s Association of Michigan.

Should you have any questions about this report, please contact Ms. Kim Kelly at (517) 333-5303.

Sincerely,

Michael L. Prince, Director

Office of Highway Safety Planning

The communication was referred to the Secretary for record.

The following communications were received:

Department of State

Administrative Rules

Notices of Filing

April 3, 2009

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Community Health and the State Office of Administrative Hearings and Rules filed Administrative Rule #2008-024-CH (Secretary of State Filing #09-04-01) on this date at 1:45 p.m. for the Department of Community Health, entitled “Part 7. Rights of Recipients.”

These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, 45a (6), or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

April 3, 2009

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Education and the State Office of Administrative Hearings and Rules filed Administrative Rule #2008-022 ED (Secretary of State Filing #09-04-02) on this date at 1:47 p.m. for the Department of Education, entitled “Special Education Programs and Services.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under sections 33, 44, 45a (6), or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

April 3, 2009

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Human Services and the State Office of Administrative Hearings and Rules filed Administrative Rule #2008-004-HS (Secretary of State Filing #09-04-03) on this date at 1:49 p.m. for the Department of Human Services, entitled “Licensing Rules for Family and Group Child Care Homes.”

These rules take effect 60 days after filing.

April 3, 2009

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Human Services and the State Office of Administrative Hearings and Rules filed Administrative Rule #2005-013-HS (Secretary of State Filing #09-04-04) on this date at 1:51 p.m. for the Department of Human Services, entitled “Children’s and Adult Foster Care Camps.”

These rules take effect 30 days after filing with the Secretary of State.

Sincerely,

Terri Lynn Land

Secretary of State

Robin L. Houston, Departmental Supervisor

Office of the Great Seal

The communications were referred to the Secretary for record.

The Secretary announced that the following House bills were received in the Senate and filed on Thursday, April 2:

House Bill Nos. 4026 4264 4473 4475 4477 4680

The Secretary announced that the following House bills were received in the Senate and filed on Friday, April 3:

House Bill Nos. 4047 4309 4435 4437 4438 4441 4447 4709

The Secretary announced the enrollment printing and presentation to the Governor on Monday, April 6, for her approval the following bills:

Enrolled Senate Bill No. 227 at 2:44 p.m.

Enrolled Senate Bill No. 379 at 2:46 p.m.

Enrolled Senate Bill No. 380 at 2:48 p.m.

Enrolled Senate Bill No. 381 at 2:50 p.m.

Enrolled Senate Bill No. 98 at 2:52 p.m.

Enrolled Senate Bill No. 188 at 2:54 p.m.

Enrolled Senate Bill No. 399 at 2:56 p.m.

The Secretary announced that the following official bills were printed on Thursday, April 2, and are available at the legislative website:

Senate Bill Nos. 419 420 421 422 423 424 425 426 427 428

House Bill Nos. 4750 4751 4752 4753 4754 4755 4756

The Secretary announced that the following official bills and joint resolution were printed on Friday, April 3, and are available at the legislative website:

Senate Bill Nos. 429 430 431 432 433 434 435 436 437 438 439 440

House Bill Nos. 4757 4758 4759 4760 4761 4762 4763 4764 4765 4766 4767 4768 4769 4770

4771 4772 4773 4774 4775 4776 4777 4778 4779 4780 4781 4782 4783 4784

4785 4786 4787 4788 4789 4790 4791 4792 4793 4794 4795 4796 4797 4798

4799

House Joint Resolution Q

Messages from the Governor

The following messages from the Governor were received:

Date: April 2, 2009

Time: 10:00 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 190 (Public Act No. 4), being

An act to amend 2006 PA 480, entitled “An act to provide for uniform video service local franchises; to promote competition in providing video services in this state; to ensure local control of rights-of-way; to provide for fees payable to local units of government; to provide for local programming; to prescribe the powers and duties of certain state and local agencies and officials; and to provide for penalties,” by amending section 10 (MCL 484.3310).

(Filed with the Secretary of State on April 2, 2009, at 10:54 a.m.)

Date: April 6, 2009

Time: 12:07 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 319 (Public Act No. 6), being

An act to amend 2007 PA 36, entitled “An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement of taxes on certain commercial, business, and financial activities; to prescribe the powers and duties of public officers and state departments; to provide for the inspection of certain taxpayer records; to provide for interest and penalties; to provide exemptions, credits, and refunds; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to make appropriations,” by amending section 434 (MCL 208.1434), as added by 2008 PA 580.

(Filed with the Secretary of State on April 6, 2009, at 1:06 p.m.)

Date: April 9, 2009

Time: 9:58 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 98 (Public Act No. 8), being

An act to amend 2007 PA 36, entitled “An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement of taxes on certain commercial, business, and financial activities; to prescribe the powers and duties of public officers and state departments; to provide for the inspection of certain taxpayer records; to provide for interest and penalties; to provide exemptions, credits, and refunds; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to make appropriations,” by amending section 501 (MCL 208.1501).

(Filed with the Secretary of State on April 9, 2009, at 11:12 a.m.)

Date: April 9, 2009

Time: 10:10 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 188 (Public Act No. 11), being

An act to amend 1966 PA 189, entitled “An act to provide procedures for making complaints for, obtaining, executing and returning search warrants; and to repeal certain acts and parts of acts,” by amending sections 1 and 4 (MCL 780.651 and 780.654), section 1 as amended by 2003 PA 185 and section 4 as amended by 2002 PA 112.

(Filed with the Secretary of State on April 9, 2009, at 11:18 a.m.)

Date: April 9, 2009

Time: 10:12 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 379 (Public Act No. 12), being

An act to amend 1988 PA 161, entitled “An act to regulate the providing of certain consumer financial services; to provide for licensing of certain financial institutions; to prescribe powers and duties of certain state departments and agencies; to prohibit certain activities; and to provide for remedies and penalties,” by amending section 9 (MCL 487.2059), as amended by 1999 PA 275.

(Filed with the Secretary of State on April 9, 2009, at 11:20 a.m.)

Date: April 9, 2009

Time: 10:14 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 380 (Public Act No. 13), being

An act to amend 1987 PA 173, entitled “An act to define and regulate mortgage brokers, mortgage lenders, and mortgage servicers and their loan officers; to prescribe the powers and duties of certain public officers and agencies; to provide for the promulgation of rules; and to provide remedies and penalties,” by amending section 1a (MCL 445.1651a), as amended by 2008 PA 66.

(Filed with the Secretary of State on April 9, 2009, at 11:22 a.m.)

Date: April 9, 2009

Time: 10:16 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 381 (Public Act No. 14), being

An act to amend 1981 PA 125, entitled “An act to regulate secondary mortgage loans; to regulate secondary mortgage brokers, lenders, servicers, and loan officers; to prescribe powers and duties of certain state agencies and officials; to require certain fees; to provide for the establishment of a revolving fund; to provide for the promulgation of rules; and to provide remedies and prescribe penalties,” by amending section 1 (MCL 493.51), as amended by 2008 PA 325.

(Filed with the Secretary of State on April 9, 2009, at 11:24 a.m.)

Date: April 9, 2009

Time: 10:18 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 227 (Public Act No. 15), being

An act to amend 2008 PA 260, entitled “An act to provide for subsidy payments to certain guardians of minors; and to provide for duties and responsibilities of certain state departments and agencies,” by amending the title and sections 1, 2, 3, 4, 5, 6, and 9 (MCL 722.871, 722.872, 722.873, 722.874, 722.875, 722.876, and 722.879) and by adding sections 5a and 5b; and to repeal acts and parts of acts.

(Filed with the Secretary of State on April 9, 2009, at 11:26 a.m.)

Date: April 13, 2009

Time: 10:28 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 399 (Public Act No. 19), being

An act to amend 1936 (Ex Sess) PA 1, entitled “An act to protect the welfare of the people of this state through the establishment of an unemployment compensation fund, and to provide for the disbursement thereof; to create certain other funds; to create the Michigan employment security commission, and to prescribe its powers and duties; to provide for the protection of the people of this state from the hazards of unemployment; to levy and provide for contributions from employers; to provide for the collection of such contributions; to enter into reciprocal agreements and to cooperate with agencies of the United States and of other states charged with the administration of any unemployment insurance law; to furnish certain information to certain governmental agencies for use in administering public benefit and child support programs and investigating and prosecuting fraud; to provide for the payment of benefits; to provide for appeals from redeterminations, decisions and notices of assessments; and for referees and a board of review to hear and decide the issues arising from redeterminations, decisions and notices of assessment; to provide for the cooperation of this state and compliance with the provisions of the social security act and the Wagner-Peyser act passed by the Congress of the United States of America; to provide for the establishment and maintenance of free public employment offices; to provide for the transfer of funds; to make appropriations for carrying out the provisions of this act; to prescribe remedies and penalties for the violation of the provisions of this act; and to repeal all acts and parts of acts inconsistent with the provisions of this act,” by amending section 64 (MCL 421.64), as amended by 2003 PA 174.

(Filed with the Secretary of State on April 13, 2009, at 11:22 a.m.)

Respectfully,

Jennifer M. Granholm

Governor

The following message from the Governor was received on April 3, 2009, and read:

EXECUTIVE ORDER

No. 2009-16

Rescission of Executive Order 2009-7

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;

WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units that the Governor considers necessary for efficient administration;

NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order that Executive Order 2009-7 is rescinded in its entirety.

This Order is effective upon filing.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 3rd day of April, in the year of our Lord, two thousand nine.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The Executive Order was referred to the Committee on Government Operations and Reform.

The following message from the Governor was received on April 3, 2009, and read:

EXECUTIVE ORDER

No. 2009-17

Abolishing the Campground Public Health Advisory Board

Department of Environmental Quality

Executive Reorganization

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;

WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units that the Governor considers necessary for efficient administration;

WHEREAS, there is a continuing need to reorganize functions amongst state departments to ensure efficient administration and effectiveness of government;

WHEREAS, abolishing the Campground Public Health Advisory Board will contribute to a smaller and more efficient state government;

NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:

I. DEFINITIONS

As used in this Order:

A. “Department of Environmental Quality” means the principal department of state government created under Executive Order 1995-18, MCL 324.99903.

B. “Campground Public Health Advisory Board” means the board authorized under Section 12513 of the Public Health Code, 1978 PA 368, MCL 333.12513.

C. “State Budget Director” means the individual appointed by the Governor pursuant to Section 321 of the Management and Budget Act, 1984 PA 431, MCL 18.1321.

D. “Type III transfer” means that term as defined under Section 3(c) of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.103.

II. TRANSFER OF AUTHORITY

A. The Campground Public Health Advisory Board is transferred by Type III transfer to the Department of Environmental Quality.

B. The Campground Public Health Advisory Board is abolished.

III. IMPLEMENTATION OF TRANSFERS

A. The Director of the Department of Environmental Quality shall provide executive direction and supervision for the implementation of all transfers of functions under this Order and shall make internal organizational changes as necessary to complete the transfers under this Order.

B. The functions transferred under this Order shall be administered by the Director of the Department of Environmental Quality in such ways as to promote efficient administration.

C. All records, property, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Campground Public Health Advisory Board for the activities, powers, duties, functions, and responsibilities transferred under this Order are transferred to the Department of Environmental Quality.

D. The State Budget Director shall determine and authorize the most efficient manner possible for handling financial transactions and records in the state’s financial management system necessary for the implementation of this Order.

IV. MISCELLANEOUS

A. All rules, orders, contracts, and agreements relating to the functions transferred under this Order lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended, repealed, or rescinded.

B. This Order shall not abate any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected under this Order. Any suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected under this Order.

C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.

In fulfillment of the requirements under Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order are effective May 31, 2009 at 12:01 a.m.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 3rd day of April, in the year of our Lord, two thousand nine.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The Executive Order was referred to the Committee on Government Operations and Reform.

The following message from the Governor was received on April 3, 2009, and read:

EXECUTIVE ORDER

No. 2009-18

Chief Privacy Officer

Information Privacy Protection Council

Department of Information Technology

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;

WHEREAS, under Section 8 of Article V of the Michigan Constitution of 1963, the Governor is responsible for the faithful execution of the laws;

WHEREAS, state and federal law require state agencies to collect, display, retain, destroy, and dispose of records that contain personal identifying information of the residents of this state;

WHEREAS, the collection, display, retention, destruction, and disposal of records containing the personal identifying information of the residents of this state exposes this state and its residents to security risks, including, but not limited to, identify theft and other privacy violations;

WHEREAS, federal privacy law, including, but not limited to, the Privacy Act of 1974, Public Law 93-579, 5 USC 552a; the Right to Financial Privacy Act of 1978, Public Law 95-630, 12 USC 3401; and the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, 42 USC 1320d, impose restrictions on the collection, display, retention, destruction, and disposal by government agencies of records containing an individual’s personal identifying information;

WHEREAS, the Identity Theft Protection Act, 2004 PA 452, MCL 445.72, as amended by 2006 PA 566, requires, among other things, that state departments and agencies that own or license personal information included in a database or that maintain a database of personal information notify residents of this state of the unauthorized access and acquisition of that information if the department or agency determines that the security breach is likely to cause substantial loss or injury, or result in identity theft to that resident;

WHEREAS, this administration is firmly committed to ensuring not only that state government is accountable for the personal information and personal identifying information of the residents of this state for which it is responsible, but that the residents of this state understand the manner in which their personal identifying information is collected, displayed, retained, destroyed, and disposed of by state government and understand their rights when that information is used or accessed without authorization;

WHEREAS, the designation of a Chief Privacy Officer for this state, the designation of an Information Privacy Protection Officer within each principal department of state government, and the creation of an Information Privacy Protection Council will assist the state in its efforts to comply with state and federal privacy laws and to educate the residents of this state on their rights related to these laws;

NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:

I. DEFINITIONS

As used in this Order:

A. “Department” means the Department of Information Technology, a principal department of state government created by Executive Order 2001-3, MCL 18.41.

B. “Chief Privacy Officer” means the person designated under Section II of this Order.

C. “Chief Information Security Officer” means the Director of the Office of Enterprise Security within the Department.

D. “Information Privacy Protection Officer” means the person designated under Section III of this Order.

E. “Council” means the Information Privacy Protection Council created under Section IV of this Order.

F. “Personal identifying information” means that term as defined under Section 3 of the Identity Theft Protection Act, 2004 PA 452, MCL 445.63.

G. “Personal information” means that term as defined under Section 3 of the Identity Theft Protection Act, 2004 PA 452, MCL 445.63.

II. CREATION OF THE POSITION OF CHIEF PRIVACY OFFICER

A. The Governor shall designate a person within the executive branch of state government as the Chief Privacy Officer.

B. The Chief Privacy Officer shall be responsible for coordinating programs, activities, and services of all state departments and agencies within the executive branch related to compliance with state and federal privacy laws.

C. The Chief Privacy Officer shall do all of the following:

1. Serve as the Chairperson of the Information Privacy Protection Council created under Section IV of this Order.

2. Serve as this state’s primary liaison with state departments and agencies, and the Information Privacy Protection Officers designated under Section III of this Order, on compliance issues with state and federal privacy laws.

3. Provide information, guidance, and technical assistance to state departments and agencies related to compliance with state and federal privacy laws.

4. Identify resources and best practices for compliance with state and federal privacy laws.

5. Facilitate the education and training of state employees and officers on issues relating to compliance with state and federal privacy laws.

6. Provide information to the residents of this state related to compliance by state departments and agencies with state and federal privacy laws.

7. Advise the Governor on issues relating to compliance by state departments and agencies with state and federal privacy laws.

III. DESIGNATION OF INFORMATION PRIVACY PROTECTION OFFICERS

A. The director of each principal department of state government shall designate an Information Privacy Protection Officer as the primary coordinator of departmental compliance with state and federal privacy laws.

B. Each Information Privacy Protection Officer shall cooperate and coordinate efforts with the Chief Privacy Officer.

C. Each Information Privacy Protection Officer shall serve as a member of the Information Privacy Protection Council created under Section IV of this Order.

IV. CREATION OF THE INFORMATION PRIVACY PROTECTION COUNCIL

A. The Information Privacy Protection Council is created as an advisory body within the Department of Information Technology.

B. The Council shall consist of the following members:

1. The Chief Privacy Officer.

2. The Chief Information Security Officer.

3. The Information Privacy Protection Officers of each principal department of state government as designated under Section III of this Order.

C. The Chief Privacy Officer shall serve as the Chairperson of the Council. The members of the Council shall select members of the Council to serve as Vice-Chairperson and Secretary of the Council.

V. CHARGE TO THE COUNCIL

A. The Council shall act in an advisory capacity to the Governor and shall do all of the following:

1. Review, develop, and recommend policies and procedures to be implemented by state departments and agencies to assure compliance with state and federal privacy laws and the promotion of effective information security and privacy protection.

2. Develop and recommend strategies to enhance awareness, education, and understanding of information security best practices and online measures intended to protect the personal identifiable information of the residents of this state.

3. Identify information security and privacy protection risks within state government and develop and recommend risk mitigation strategies, methods, and procedures to be adopted by state departments and agencies to lessen these risks.

4. Monitor and report compliance by state departments and agencies with state information security and privacy protection policies and procedures.

5. Recommend and coordinate a training program for state employees designed to educate, promote, and advance knowledge of information security and privacy protection policies and procedures.

VI. OPERATIONS OF THE COUNCIL

A. The Council shall be staffed and assisted by personnel from the Department, subject to available funding. Any budgeting, procurement, or related management functions of the Council shall be performed under the direction and supervision of the Director of the Department.

B. The Council shall adopt procedures consistent with Michigan law and this Order governing its organization and operations.

C. A majority of the members of the Council serving constitutes a quorum for the transaction of the Council’s business. The Council shall act by a majority vote of its serving members.

D. The Council shall meet at the call of the Chairperson and as may be provided in procedures adopted by the Council.

E. The Council may establish advisory workgroups composed of representatives of entities participating in Council activities or other members of the public as deemed necessary by the Council to assist the Council in performing its duties and responsibilities. The Council may adopt, reject, or modify any recommendations proposed by an advisory workgroup.

F. The Council may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public. The Council may also consult with outside experts in order to perform its duties, including, but not limited to, experts in the private sector, organized labor, government agencies, and at institutions of higher education.

G. Members of the Council shall serve without compensation. Members of the Council may receive reimbursement for necessary travel and expenses consistent with relevant statutes and the rules and procedures of the Civil Service Commission and the Department of Management and Budget, subject to available funding.

H. The Council may hire or retain contractors, sub-contractors, advisors, consultants, and agents, and may make and enter into contracts necessary or incidental to the exercise of the powers of the Council and the performance of its duties as the Director of the Department deems advisable and necessary, in accordance with this Order, the relevant statutes, and the rules and procedures of the Civil Service Commission and the Department of Management and Budget.

I. The Council may accept donations of labor, services, or other things of value from any public or private agency or person.

J. Members of the Council shall refer all legal, legislative, and media contacts to the Department.

VII. MISCELLANEOUS

A. All departments, committees, commissioners, or officers of this state, or of any political subdivision of this state, shall give to the Council or to any member or representative of the Council, any necessary assistance required by the Council or any member or representative of the Council, in the performance of the duties of the Council so far as is compatible with its, his, or her duties. Free access shall also be given to any books, records, or documents in its, his, or her custody, relating to matters within the scope of inquiry, study, or review of the Council.

B. This Order shall not abate any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected under this Order. Any suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected under this Order.

C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.

D. This Order is effective upon filing.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 3rd day of April, in the year of our Lord, two thousand nine.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The Executive Order was referred to the Committee on Government Operations and Reform.

The following message from the Governor was received on April 3, 2009, and read:

EXECUTIVE ORDER

No. 2009-19

Amendment of Executive Order 2009-1

Great Lakes Wind Council

Department of Energy, Labor, and Economic Growth

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;

WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the executive branch of state government or in the assignment of functions among its units that the Governor considers necessary for efficient administration;

WHEREAS, the Great Lakes Wind Council was created by Executive Order 2009-1;

WHEREAS, it is necessary and desirable to amend Executive Order 2009-1 to expand the membership of the Great Lakes Wind Council;

NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:

Section II.B.9. of Executive Order 2009-1 is amended to read as follows:

“B. The Council shall consist of the following voting members:

9. The following members appointed by the Governor:

a. One resident of this state representing a statewide environmental organization.

b. One resident of this state representing the tourism industry.

c. One resident of this state representing the commercial shipping industry.

d. One resident of this state representing the charter fishing industry.

e. Two residents of this state representing electric utilities.

f. One resident of this state representing independent electric transmission companies.

g. One resident of this state representing the wind energy development industry.

h. One resident of this state representing Native American tribal governments.

i. One resident of this state representing local government officials.

j. Five other residents of this state.”

This Order is effective upon filing.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 3rd day of April, in the year of our Lord, two thousand nine.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The Executive Order was referred to the Committee on Government Operations and Reform.

The following message from the Governor was received on April 3, 2009, and read:

EXECUTIVE ORDER

No. 2009-20

Amendment of Executive Order 2009-5

Department of Corrections

Executive Reorganization

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;

WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the executive branch of state government or in the assignment of functions among its units that the Governor considers necessary for efficient administration;

WHEREAS, there is a continuing need to reorganize functions amongst state departments to ensure efficient administration and effectiveness of government;

WHEREAS, amending Executive Order 2009-5 to provide for a reduction in the number of members of the Michigan Parole and Commutation Board is in the best interests of an efficient and effective government;

NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:

A. Section II.A of Executive Order 2009-5 is amended to read as follows:

“A. The Michigan Parole and Commutation Board is established within the Department of Corrections. Except as provided in Section II.B or II.C, the Michigan Parole and Commutation Board shall consist of 15 members appointed by the Governor. Members of the Board shall not be within the classified state civil service. Not less than 6 members of the Board shall be individuals who, at the time of the member’s original appointment, had not previously been employed or appointed to a position in the Department of Corrections other than a position as a member of the Board or the Parole Board.”.

B. Section II.B of Executive Order 2009-5 is amended to read as follows:

“B. Of the members of the Michigan Parole and Commutation Board initially appointed by the Governor under this Order, 4 members shall be appointed for a term expiring on November 30, 2009, 4 members shall be appointed for a term expiring on November 30, 2010, 4 members shall be appointed for a term expiring on November 30, 2011, and 3 members shall be appointed for a term expiring on November 30, 2012. After the initial appointments under this paragraph, members of the Board shall be appointed for a term of 4 years. After September 30, 2012 and before November 30, 2015, if the Board consists of more than 10 members, a vacancy on the Board occurring other than by expiration of a term shall not be filled and the Board shall consist of 1 less member for each vacancy not filled. Effective December 1, 2015, the Board shall consist of 10 members. For terms of office beginning on December 1, 2015, the Governor shall appoint only the number of Board members necessary to assure that the Board consists of 10 members.”.

C. Section II.C of Executive Order 2009-5 is amended to read as follows:

“C. Except as provided in Section II.B, a member of the Michigan Parole and Commutation Board shall continue to serve until a successor is appointed and qualified. Except as provided in Section II.B, a vacancy on the Board occurring other than by expiration of a term shall be filled by the Governor in the same manner as the original appointment for the balance of the unexpired term.”.

Consistent with the requirements under Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order are effective 60 calendar days after the filing of this Order.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 3rd day of April, in the year of our Lord, two thousand nine.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The Executive Order was referred to the Committee on Government Operations and Reform.

The following message from the Governor was received on April 13, 2009, and read:

EXECUTIVE ORDER

No. 2009-21

New Asian Pacific American Affairs Commission

Department of Energy, Labor, and Economic Growth

Executive Reorganization

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;

WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the executive branch of state government or in the assignment of functions among its units that the Governor considers necessary for efficient administration;

WHEREAS, the Advisory Council on Asian Pacific American Affairs was established in the Department of Civil Rights under Executive Order 2005-10;

WHEREAS, Section 5 of the Pacific American Affairs Commission Act, 2008 PA 536, MCL 37.125, created the Asian Pacific American Affairs Commission in the Department of Energy, Labor, and Economic Growth;

WHEREAS, merging the functions of the Advisory Council on Asian Pacific American Affairs and the Asian Pacific American Affairs Commission will eliminate duplication and contribute to a smaller and more efficient state government;

WHEREAS, there is a continuing need to reorganize functions amongst state departments to ensure efficient administration and effectiveness of government;

NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:

I. DEFINITIONS

As used in this Order:

A. “Advisory Council on Asian Pacific American Affairs” or “Council” means the council established within the Department of Civil Rights under Executive Order 2005-10.

B. “Department of Civil Rights” means the principal department of state government created under Section 475 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.575.

C. “Department of Energy, Labor, and Economic Growth” or “Department” means the principal department of state government created under Section 225 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.325, and renamed by Executive Order 1996-2, MCL 445.2001; Executive Order 2003-18, MCL 445.2011; and Executive Order 2008-20, MCL 445.2025.

D. “State Budget Director” means the individual appointed by the Governor pursuant to Section 321 of The Management and Budget Act, 1984 PA 431, MCL 18.1321.

II. CREATION OF THE NEW ASIAN PACIFIC AMERICAN AFFAIRS COMMISSION

A. The new Asian Pacific American Affairs Commission is established in the Department of Energy, Labor, and Economic Growth.

B. The new Asian Pacific American Affairs Commission shall consist of 21 members appointed by the Governor. Members appointed by the Governor are subject to disapproval by the Michigan Senate as provided under Section 6 of Article V of the Michigan Constitution of 1963. Of the members initially appointed, 6 members shall be appointed for terms expiring on November 30, 2009, 5 members shall be appointed for terms expiring on November 30, 2010, 5 members shall be appointed for terms expiring on November 30, 2011, and 5 members shall be appointed for terms expiring on November 30, 2012. After the initial appointments, members of the new Commission shall be appointed to 4-year terms.

C. Members of the new Commission shall be individuals who have a particular interest or expertise in Asian or Pacific American concerns.

D. A vacancy on the new Commission occurring other than by expiration of a term shall be filled in the same manner as the original appointment for the balance of the unexpired term.

E. The Governor shall designate a member of the new Commission to serve as its Chairperson at the pleasure of the Governor. The new Commission may designate a member of the new Commission to serve as its Vice-Chairperson at the pleasure of the new Commission. The new Commission may elect other officers from its members as the new Commission considers appropriate.

F. The new Commission shall be administered under the supervision of the Department. The new Commission shall exercise its prescribed powers, duties, and functions independently of the Director of the Department. All budgeting, procurement, and related management functions of the new Commission shall be performed under the direction and supervision of the Director of the Department.

III. TRANSFERS

A. The authority, powers, duties, functions, responsibilities, records, personnel, property, and unexpended balances of appropriations, allocations, or other funds of the Advisory Council on Asian Pacific American Affairs are transferred to the new Asian Pacific American Affairs Commission created under Section II of this Order.

B. The Advisory Council on Asian Pacific American Affairs is abolished.

C. The authority, powers, duties, functions, responsibilities, records, personnel, property, and unexpended balances of appropriations, allocations, or other funds of the Asian Pacific American Affairs Commission created within the Department of Energy, Labor, and Economic Growth under Section 5 of 2008 PA 536, MCL 37.125, are transferred to the new Asian Pacific American Affairs Commission created under Section II of this Order.

D. The Asian Pacific American Affairs Commission created within the Department of Energy, Labor, and Economic Growth under Section 5 of 2008 PA 536, MCL 37.125, is abolished.

IV. IMPLEMENTATION OF TRANSFERS

A. The Director of the Department shall provide executive direction and supervision for the implementation of all transfers under this Order and shall make internal organizational changes as necessary to complete the transfers under this Order.

B. All records, personnel, property, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Advisory Council or to the Asian Pacific American Affairs Commission created within the Department of Energy, Labor, and Economic Growth under Section 5 of 2008 PA 536, MCL 37.125, for the activities, powers, duties, functions, and responsibilities transferred under this Order are transferred to the Department.

C. The State Budget Director shall determine and authorize the most efficient manner possible for handling financial transactions and records in the state’s financial management system necessary for the implementation of this Order.

V. MISCELLANEOUS

A. All rules, orders, contracts, and agreements relating to the functions transferred under this Order lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended, repealed, or rescinded.

B. This Order shall not abate any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected under this Order. Any suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected under this Order.

C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.

In fulfillment of the requirements under Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order are effective June 14, 2009 at 12:01 a.m.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 13th day of April, in the year of our Lord, two thousand nine.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The Executive Order was referred to the Committee on Government Operations and Reform.

The following messages from the Governor were received and read:

April 8, 2009

I respectfully submit to the Senate, pursuant to Article V, Section 6 of the Michigan Constitution of 1963, the following reappointment to office under Section 2 of 1964 PA 183, MCL 830.412:

State Building Authority Board of Trustees

Ms. Marty H. Mercer of 8075 South Jackson Road, Jackson, Michigan 49201, county of Jackson, is reappointed to represent the general public, for a term expiring August 21, 2012.

April 8, 2009

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following reappointments to state office under Section 2 of 1976 PA 223, MCL 18.352:

Crime Victim Services Commission

Mr. Frank M. Ochberg, an Independent, of 4383 Maumee Drive, Okemos, Michigan 48864, county of Ingham, is reappointed to represent members of the medical profession, for a term expiring September 27, 2011.

Mr. Frank K. Rhodes, a Democrat, of 268 North Williamsbury, Bloomfield, Michigan 48301, county of Oakland, is reappointed to represent a member admitted to practice law in this state not less than 5 years immediately preceding his or her appointment, for a term expiring September 27, 2011.

April 8, 2009

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointment to state office under Section 2 of 1885 PA 70, MCL 390.352 and Section 1 of 1963 (2nd Ex Sess) PA 21, MCL 390.861:

Michigan Technological University Board of Control

Mr. Thomas L. Baldini of 815 Pine Street, Marquette, Michigan 49855, county of Marquette, succeeding David Brule, whose term has expired, is appointed for a term commencing April 8, 2009 and expiring December 31, 2016.

April 13, 2009

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointments to office under Executive Order 2009-21:

Asian Pacific American Affairs Commission

Mr. Lawrence G. Almeda of 8649 Newbury Court North, Canton, Michigan 48187, county of Wayne, is appointed for a term commencing June 14, 2009 and expiring November 30, 2012.

Ms. Constantine M. Dang of 1710 Oakdale Drive S.W., Wyoming, Michigan 49519, county of Kent, is appointed for a term commencing June 14, 2009 and expiring November 30, 2009.

Mr. William D. Dechavez of 37661 Samantha, Sterling Heights, Michigan 48310, county of Macomb, is appointed for a term commencing June 14, 2009 and expiring November 30, 2011.

Mr. Bing Goei of 1351 Gladstone S.E., Grand Rapids, Michigan 49506, county of Kent, is appointed for a term commencing June 14, 2009 and expiring November 30, 2012.

Ms. Mumtaz P. Haque of 4913 Seasons Drive, Troy, Michigan 48098, county of Oakland, is appointed for a term commencing June 14, 2009 and expiring November 30, 2010.

Mr. Roland Hwang of 17914 Maple Hill Drive, Northville, Michigan 48168, county of Wayne, is appointed for a term commencing June 14, 2009 and expiring November 30, 2009.

Mr. TackYong Kim of 3095 Idlewild Court, Ann Arbor, Michigan 48105, county of Washtenaw, is appointed for a term commencing June 14, 2009 and expiring November 30, 2009.

Mr. Anand D. Kumar of 1499 McLaine Street, Canton, Michigan 48188, county of Wayne, is appointed for a term commencing June 14, 2009 and expiring November 30, 2012.

Mr. Guozhen Lu, Ph.D., of 336 Lenox Drive, Canton, Michigan 48188, county of Wayne, is appointed for a term commencing June 14, 2009 and expiring November 30, 2011.

Ms. Rona M. Lum of 1691 John Paul Court, Oxford, Michigan 48371, county of Oakland, is appointed for a term commencing June 14, 2009 and expiring November 30, 2011.

Mr. Ananda S. Prasad, Ph.D., of 4710 Cove Road, Orchard Lake, Michigan 48033, county of Oakland, is appointed for a term commencing June 14, 2009 and expiring November 30, 2011.

Mr. Ganesh V. Reddy, Ph.D., of 3614 Ponderosa Drive, Okemos, Michigan 48864, county of Ingham, is appointed for a term commencing June 14, 2009 and expiring November 30, 2009.

Ms. Ernestina Santos-Mac, M.D., of 2609 Valleyview, Troy, Michigan 48098, county of Oakland, is appointed for a term commencing June 14, 2009 and expiring November 30, 2009.

Ms. Marilyn N. Schlief of 2517 Dustin Road, Okemos, Michigan 48864, county of Ingham, is appointed for a term commencing June 14, 2009 and expiring November 30, 2011.

Mr. Ehsan Taqbeem of 4240 Holly Lane, Rochester, Michigan 48306, county of Oakland, is appointed for a term commencing June 14, 2009 and expiring November 30, 2009.

Mr. Jeffrey Vang of 32822 Greenwood Drive, Chesterfield, Michigan 48047, county of Macomb, is appointed for a term commencing June 14, 2009 and expiring November 30, 2012.

Mr. Ramesh C. Verma of 45725 Jaslyn Lane, Novi, Michigan 48374, county of Oakland, is appointed for a term commencing June 14, 2009 and expiring November 30, 2010.

Ms. H. Sook Wilkinson, Ph.D., of 708 Parkman Drive, Bloomfield Hills, Michigan 48304, county of Oakland, is appointed for a term commencing June 14, 2009 and expiring November 30, 2010.

Mr. Leslie Wong, Ph.D., of 1440 Center Street, Marquette, Michigan 49855, county of Marquette, is appointed for a term commencing June 14, 2009 and expiring November 30, 2010.

Mr. Peter K. Wong of 211 Lothrop, Grosse Pointe Farms, Michigan 48236, county of Wayne, is appointed for a term commencing June 14, 2009 and expiring November 30, 2010.

Ms. Tsu-Yin Wu, Ph.D., RN, of 3040 Cedarbrook Road, Ann Arbor, Michigan 48105, county of Washtenaw, is appointed for a term commencing June 14, 2009 and expiring November 30, 2012.

April 15, 2009

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointment to state office under Section 13 of the Michigan Early Stage Venture Investment Act of 2003, 2003 PA 296, MCL 125.2243:

Michigan Early Stage Venture Investment Corporation

Mr. Hugh D. Camitta of 1120 Devonshire Road, Grosse Pointe Park, Michigan 48230, county of Wayne, is appointed to represent individuals recommended by the Speaker of the House of Representatives, for a term commencing April 15, 2009 and expiring June 13, 2011.

April 15, 2009

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following reappointments to state office under Section 10 of the Michigan Education Trust Act, 1986 PA 316, MCL 390.1430:

Michigan Education Trust Board of Directors

Mr. Gregory L. Clevenger of 11623 Shell Bark Lane, Grand Blanc, Michigan 48439, county of Genesee, is reappointed to represent nominees of the Majority Leader of the Senate with knowledge, skill and experience in the academic, business or financial fields, for a term expiring December 31, 2011.

Ms. Marlene E. Davis, Ph.D., of 29261 Briarbank, Southfield, Michigan 48034, county of Oakland, is reappointed to represent nominees of the Speaker of the House of Representatives with knowledge, skill and experience in the academic, business or financial fields, for a term expiring December 31, 2011.

Mr. John H. Hale, III, of 26172 Meadow Drive, Franklin, Michigan 48025, county of Oakland, is reappointed to represent persons with knowledge, skill and experience in the academic, business, or financial fields, for a term expiring December 31, 2011.

April 15, 2009

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointment and reappointment to office under Section 5 of the Shared Credit Rating Act, 1985 PA 227, MCL 141.1055:

Michigan Municipal Bond Authority Board of Trustees

Mr. John P. Brusewitz of 775 East Fox Hill Drive, Bloomfield Hills, Michigan 48304, county of Oakland, succeeding Richard LeBaron, whose term has expired, is appointed to represent a resident of this state nominated by the Speaker of the House of Representatives, for a term commencing April 15, 2009 and expiring January 1, 2011.

Mr. Donald H. Gilmer of 7021 North 46th Street, Augusta, Michigan 49012, county of Kalamazoo, is reappointed to represent a resident of this state nominated by the Majority Leader of the Senate, for a term expiring January 1, 2012.

April 15, 2009

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointment and reappointment to state office under Section 6 of the Michigan Tobacco Settlement Finance Authority Act, 2005 PA 226, MCL 129.266:

Michigan Tobacco Settlement Finance Authority Board of Directors

Mr. Alan C. Helmkamp of 37488 North Laurel Park, Livonia, Michigan 48152, county of Wayne, succeeding Jerry Campbell, whose term has expired, is appointed to represent individuals nominated by the Speaker of the House of Representatives with knowledge, skill, or experience in the business or financial fields, for a term commencing April 15, 2009 and expiring December 15, 2012.

Mr. Donald H. Gilmer of 7021 North 46th Street, Augusta, Michigan 49012, county of Kalamazoo, is reappointed to represent individuals nominated by the Majority Leader of the Senate with knowledge, skill, or experience in the business or financial fields, for a term expiring December 15, 2012.

Sincerely,

Jennifer M. Granholm

Governor

The appointments were referred to the Committee on Government Operations and Reform.

The following message from the Governor was received and read:

April 3, 2009

Due to errors on the March 27, 2009 letter filed with your office pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963 and Section 2 of 1960 PA 120, MCL 390.842, please be advised of the following bold corrections:

Grand Valley State University Board of Control

Ms. Sue C. Carnell of 38672 Thorncroft Court, Wayne, Michigan 48184, county of Wayne, succeeding Donna Brooks, whose term has expired, is appointed for a term commencing March 27, 2009 and expiring December 31, 2016.

Mr. David L. Way of 905 West Geneva Drive, DeWitt, Michigan 48820, county of Clinton, succeeding Daniel Aronoff, whose term has expired, is appointed for a term commencing March 27, 2009 and expiring December 31, 2016.

Sincerely,

Jennifer M. Granholm

Governor

The message was referred to the Committee on Government Operations and Reform.

Senator Clark-Coleman entered the Senate Chamber.

Messages from the House

Senate Bill No. 322, entitled

A bill to make, supplement, and adjust appropriations for certain capital outlay projects for the fiscal year ending September 30, 2009; to provide for the expenditure of the appropriations; and to prescribe certain conditions for the appropriations.

The House of Representatives has passed the bill and ordered that the bill be given immediate effect.

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

By unanimous consent the Senate proceeded to the order of

General Orders

Senator Cropsey moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President, Lieutenant Governor Cherry, designated Senator Sanborn as Chairperson.

After some time spent therein, the Committee arose; and, the President, Lieutenant Governor Cherry, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill:

Senate Bill No. 412, entitled

A bill to amend 1982 PA 162, entitled “Nonprofit corporation act,” by amending sections 124, 261, 501, and 541 (MCL 450.2124, 450.2261, 450.2501, and 450.2541), section 124 as amended by 2002 PA 33 and section 541 as amended by 1987 PA 170.

The bill was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 409, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43542 (MCL 324.43542), as added by 1995 PA 57.

Substitute (S-1).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 411, entitled

A bill to establish duties and obligations of nonprofit, charitable institutions in the management and use of funds held for charitable purposes; and to repeal acts and parts of acts.

Substitute (S-1).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

Resolutions

The question was placed on the adoption of the following resolution consent calendar:

Senate Resolution No. 34

Senate Resolution No. 36

The resolution consent calendar was adopted.

Senator Clark-Coleman offered the following resolution:

Senate Resolution No. 34.

A resolution recognizing April 25, 2009, as Comcast Cares Day in Michigan.

Whereas, Comcast, a leader in the telecommunications industry, not only provides quality communications products and services, but enriches the communities it serves; and

Whereas, Comcast has instituted an employee volunteer program, Comcast Cares, to further the company’s commitment to community by identifying meaningful volunteer opportunities in which its employees are encouraged to participate; and

Whereas, Saturday, April 25, 2009, has been designated as national Comcast Cares Day, when an estimated 50,000 employees, family, and community partners nationwide will participate in hundreds of volunteer projects across the country; and

Whereas, Latino Family Services-Detroit will join forces along with more than 2,300 Comcast employees, family members, and friends volunteering their service that day statewide for Comcast Cares Day 2009; and

Whereas, Comcast has identified specific needs of Latino Family Services, an agency providing services for family, youth, seniors, AIDS, and developmentally disabled persons, and it has been determined that services are needed for painting and other cleanup projects; now, therefore, be it

Resolved by the Senate, That we hereby officially recognize April 25, 2009, as Comcast Cares Day in the city of Detroit and the state of Michigan. We salute the efforts of the Comcast employees, their families, and community volunteers of Latino Family Services and many caring individuals for participating in this volunteer project to make a difference in our local community; and be it further

Resolved, That a copy of this resolution be transmitted to Comcast and Latino Family Services-Detroit as a token of our highest esteem.

Senators Basham, Birkholz, Brater, Clarke, Gleason, Hunter, Jacobs, Pappageorge and Richardville were named co‑sponsors of the resolution.

Senators Richardville and Brater offered the following resolution:

Senate Resolution No. 36.

A resolution recognizing April 20-24, 2009, as Graduate Education Week in the state of Michigan.

Whereas, Graduate education attracts students from across the nation and world to Michigan universities for advanced training; and

Whereas, In graduate certificate, master’s, specialists, and doctoral programs across the state, graduate educators are providing access to knowledge and analytic skills essential to ensuring that Michigan workers are among the most productive, creative, and innovative in the world; and

Whereas, Graduate students make vital contributions to the teaching and research that provides the foundation of our new knowledge-based economy and supports community engagement, while serving as teaching and research assistants; and

Whereas, Michigan graduate students have contributed greatly to improve the quality of life for all Michigan’s residents by researching vital issues, such as renewable energy sources, new technologies, agricultural productivity, the management of natural resources, and health care, to name a few; and

Whereas, Teachers and faculty with advanced degrees are creating learning environments that prepare Michigan’s students of all ages for great success in meeting the workforce needs of Michigan businesses; now, therefore, be it

Resolved by the Senate, That April 20-24, 2009, be recognized as Graduate Education Week in Michigan; and be it further

Resolved, That copies of this resolution be transmitted to the Michigan Department of Education and all Michigan colleges and universities with graduate degree programs.

Senators Allen, Anderson, Birkholz, Bishop, Brown, Cherry, Clark-Coleman, Clarke, Cropsey, George, Gleason, Hardiman, Hunter, Jacobs, Jansen, Kahn, McManus, Olshove, Pappageorge, Patterson, Prusi, Stamas, Switalski and Van Woerkom were named co‑sponsors of the resolution.

Senator Kahn offered the following resolution:

Senate Resolution No. 35.

A resolution marking the 64th Anniversary of the end of the Holocaust and declaring April 19-26, 2009, as Holocaust Remembrance Week in the state of Michigan.

Whereas, Holocaust Remembrance Week is a solemn time of commemoration honoring the victims of the Holocaust and those who showed resistance and heroism in our world history; and

Whereas, The Holocaust was the state-sponsored, systematic persecution and annihilation of European Jewry by Nazi Germany and its collaborators during the years 1933 through 1945. Six million Jews were murdered and millions more, including Gypsies, the handicapped, Poles, Jehovah’s Witnesses, Soviet prisoners of war, and political dissidents, suffered grievous oppression and death under Nazi tyranny; and

Whereas, Holocaust Remembrance Week is a time to applaud those men and women who endured, who rebuilt lives that had been so cruelly shattered, and once again dreamed of a future for their children. It is a week to recall with admiration those heroes who risked and often lost their own lives in order to save others, and it is a week for the world to firmly avow that the atrocities of the Holocaust will never be repeated; and

Whereas, We must always remember and never forget the millions who died for who they were, how they worshipped, what they believed in, who they loved, and who were killed because of their strength, their differences, or their physical disabilities. We are proud, humbled, and honored to memorialize their amazing courage and there enormous sacrifices; and

Whereas, On April 19-26, 2009, we will recognize the Holocaust Commemoration Ceremony, Never Again: What You Do Matters, in memory of the 64th Anniversary of the liberation of Nazi concentration camps and the subsequent prosecution under international law of the major Nazi war criminals; now, therefore, be it

Resolved by the Senate, That the members of this legislative body mark the 64th Anniversary of the end of the Holocaust and declare April 19-26, 2009, as Holocaust Remembrance Week in the state of Michigan.

Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations and Reform,

Senator Cropsey moved that the rule be suspended.

The motion prevailed, a majority of the members serving voting therefor.

The resolution was adopted.

Senators Anderson, Basham, Birkholz, Brater, Brown, Cherry, Clarke, Gleason, Hunter, Jacobs, Kuipers, Pappageorge, Patterson and Richardville were named co‑sponsors of the resolution.

Senator Kahn asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.

The motion prevailed.

Senator Kahn’s statement is as follows:

Today, I am introducing a resolution marking the 64th anniversary of the end of the Holocaust and declaring April 19-26 as Holocaust Remembrance Week in the state of Michigan. Let me remind you and the body that 6 million Jews were murdered and millions more, including Gypsies, the handicapped, Jehovah’s Witnesses, Soviet prisoners of war, political dissidents, and priests, suffered grievous oppression and death under that era of Nazi tyranny.

While Holocaust Remembrance Week is an opportunity for us all to remember the victims and honor the survivors of the Holocaust, it is also important that we applaud the brave heroes who risked and often lost their lives while saving others. It is crucial that we commemorate this event and observe it yearly. In doing so, we send a clear message to the world that the atrocities of the Holocaust will never be repeated.

American philosopher George Santayana said, “Those who cannot remember the past are condemned to repeat it.” With that warning echoing in our ears, we must be vigilant and committed to ensure that the Holocaust is never forgotten. I encourage everyone to mark this important occasion.

Senator Van Woerkom offered the following resolution:

Senate Resolution No. 37.

A resolution proclaiming the week of April 19-25, 2009, in conjunction with Earth Day, as Plant Michigan Green Week.

Whereas, Earth Day is April 22, 2009; and

Whereas, The Michigan Nursery and Landscape Association has created the Plant Michigan Green Initiative; and

Whereas, The Plant Michigan Green Initiative’s goal is to keep Michigan’s environment healthy by planting trees; and

Whereas, Trees are natural air filters, and just one tree removes 26 pounds of carbon dioxide from the air each year and can produce enough oxygen for a family of four to live on; and

Whereas, Proper selection and placement of trees, shrubs, and perennials can lower heating and cooling costs by 20 percent and reduce noise pollution by 50 percent; and

Whereas, A healthy lawn is not only your family’s playground, but it also provides for air, water, and soil conservation; and

Whereas, Michigan’s nursery, perennial plant production, Christmas tree, sod producers, landscaping, and lawn care industries contribute $1.2 billion to Michigan’s economy; and

Whereas, Nursery and perennial plant producers generate $291 million in annual sales and distribute their products in 35 states, Mexico, and Canada, making it the second-largest agriculture commodity group in Michigan and the fifth-largest nursery industry in the nation; now, therefore, be it

Resolved by the Senate, That we hereby proclaim the week of April 19-25, 2009, in conjunction with Earth Day, as Plant Michigan Green Week; and be it further

Resolved, That a copy of this resolution be transmitted to the Michigan Nursery and Landscape Association with our highest esteem.

Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations and Reform,

Senator Cropsey moved that the rule be suspended.

The motion prevailed, a majority of the members serving voting therefor.

The resolution was adopted.

Senate Concurrent Resolution No. 12.

A concurrent resolution prescribing the legislative schedule.

(For text of resolution, see Senate Journal No. 28, p. 530.)

The House of Representatives has adopted the concurrent resolution.

The concurrent resolution was referred to the Secretary for record.

Introduction and Referral of Bills

Senators McManus, Garcia, Gleason and Anderson introduced

Senate Bill No. 441, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 310e (MCL 257.310e), as amended by 2004 PA 362.

The bill was read a first and second time by title and referred to the Committee on Transportation.

Senators Prusi, Thomas, Anderson, Brater, Scott, Olshove, Cherry, Hunter, Basham, Jacobs, Gleason, Clarke, Clark-Coleman and Switalski introduced

Senate Bill No. 442, entitled

A bill to amend 1846 RS 12, entitled “Of certain state officers,” by amending section 33 (MCL 14.33), as amended by 1996 PA 563.

The bill was read a first and second time by title and referred to the Committee on Judiciary.

Senators Anderson, Barcia and Jacobs introduced

Senate Bill No. 443, entitled

A bill to regulate political activity; to regulate certain candidates for elective office and state officials; to require financial statements and reports; to prescribe the powers and duties of certain state and local governmental officers and agencies; to impose fees; to prescribe penalties and civil sanctions; and to provide remedies.

The bill was read a first and second time by title and referred to the Committee on Campaign and Election Oversight.

Senator Kahn asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.

The motion prevailed.

Senator Kahn’s statement is as follows:

Today is a happy and a sad day for us over in our office. I have with me Carisa Seltz, a CMU student who has been helping us out over the last semester. I’ll say that this young lady from Harbor Beach is the best intern we have ever had in our office.

Now before you get too big of a head, you know I have only been a Senator for two years. Nonetheless, she has a wonderful outgoing personality. She is interested in our process and political science. I expect that she is likely to be back again in future years.

Would you join me in thanking her for her service here to the people of Michigan.

Senators Cherry, Prusi, Whitmer, Olshove, Barcia, Gleason, Basham, Jacobs, Switalski, Clark-Coleman, Anderson, Thomas, Brater, Scott, Clarke and Hunter introduced

Senate Bill No. 444, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending sections 27 and 28 (MCL 421.27 and 421.28), section 27 as amended by 2002 PA 192 and section 28 as amended by 1994 PA 422.

The bill was read a first and second time by title and referred to the Committee on Commerce and Tourism.

Senators Hunter, Prusi, Brater, Scott, Olshove, Gleason, Clark-Coleman, Whitmer, Jacobs, Switalski, Clarke and Cherry introduced

Senate Bill No. 445, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 28 (MCL 421.28), as amended by 1994 PA 422.

The bill was read a first and second time by title and referred to the Committee on Commerce and Tourism.

Senators Van Woerkom, Kuipers, Birkholz, Jansen, Gleason and Cherry introduced

Senate Bill No. 446, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 106a (MCL 400.106a), as added by 2003 PA 32.

The bill was read a first and second time by title and referred to the Committee on Families and Human Services.

Senators Gleason, Kuipers, Birkholz, Jansen and Cherry introduced

Senate Bill No. 447, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 106a (MCL 400.106a), as added by 2003 PA 32.

The bill was read a first and second time by title and referred to the Committee on Families and Human Services.

Senators McManus, Kuipers, Van Woerkom and Kahn introduced

Senate Bill No. 448, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 722 (MCL 257.722), as amended by 2008 PA 579.

The bill was read a first and second time by title and referred to the Committee on Transportation.

Senators Brown, Kuipers, Pappageorge, Birkholz, Richardville, Jansen and Hardiman introduced

Senate Bill No. 449, entitled

A bill to amend 1965 PA 203, entitled “Commission on law enforcement standards act,” by amending sections 2 and 9 (MCL 28.602 and 28.609), section 2 as amended by 2004 PA 379 and section 9 as amended by 2005 PA 239.

The bill was read a first and second time by title and referred to the Committee on Judiciary.

Senators Brown, Jelinek, Gleason and Allen introduced

Senate Bill No. 450, entitled

A bill to amend 1895 PA 1, entitled “An act to provide for the incorporation of Masonic Associations; and to impose certain duties upon the department of commerce,” (MCL 457.221 to 457.227) by adding section 4a.

The bill was read a first and second time by title and referred to the Committee on Finance.

House Bill No. 4026, entitled

A bill to amend 1941 PA 207, entitled “Fire prevention code,” by amending section 2c (MCL 29.2c), as amended by 2006 PA 189.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

The bill was read a first and second time by title and referred to the Committee on Appropriations.

House Bill No. 4047, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 402 (MCL 380.402), as amended by 2000 PA 230.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

The bill was read a first and second time by title and referred to the Committee on Education.

House Bill No. 4264, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 435 (MCL 208.1435), as amended by 2008 PA 448.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

The bill was read a first and second time by title and referred to the Committee on Finance.

House Bill No. 4309, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2009; and to provide for the expenditure of the appropriations.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

The bill was read a first and second time by title and referred to the Committee on Appropriations.

House Bill No. 4435, entitled

A bill to make appropriations for community colleges and certain state purposes related to education for the fiscal year ending September 30, 2010; to provide for the expenditure of those appropriations; to establish or continue certain funds, programs, and categories; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

The bill was read a first and second time by title and referred to the Committee on Appropriations.

House Bill No. 4437, entitled

A bill to make appropriations for the department of corrections and certain state purposes related to corrections for the fiscal year ending September 30, 2010; to provide for the expenditure of the appropriations; to provide for reports; to provide for the creation of certain advisory committees and boards; to prescribe certain powers and duties of the department of corrections, certain other state officers and agencies, and certain advisory committees and boards; to provide for the collection of certain funds; and to provide for the disposition of fees and other income received by certain state agencies.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

The bill was read a first and second time by title and referred to the Committee on Appropriations.

House Bill No. 4438, entitled

A bill to make appropriations for the department of education and certain other purposes relating to education for the fiscal year ending September 30, 2010; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agency.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

The bill was read a first and second time by title and referred to the Committee on Appropriations.

House Bill No. 4441, entitled

A bill to make appropriations for the state institutions of higher education and certain state purposes related to education for the fiscal year ending September 30, 2010; to provide for the expenditures of those appropriations; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

The bill was read a first and second time by title and referred to the Committee on Appropriations.

House Bill No. 4447, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 3, 6, 8b, 11, 11a, 11g, 11j, 11k, 11m, 11n, 15, 18, 20, 20d, 20j, 22a, 22b, 22d, 22e, 24, 24a, 24c, 26a, 26b, 29, 31a, 31d, 31f, 32b, 32c, 32d, 32j, 32l, 32n, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 54a, 54c, 56, 57, 61a, 62, 64, 65, 74, 81, 94a, 98, 99, 99a, 99n, 99p, 101, 104, 107, 147, and 164c (MCL 388.1603, 388.1606, 388.1608b, 388.1611, 388.1611a, 388.1611g, 388.1611j, 388.1611k, 388.1611m, 388.1611n, 388.1615, 388.1618, 388.1620, 388.1620d, 388.1620j, 388.1622a, 388.1622b, 388.1622d, 388.1622e, 388.1624, 388.1624a, 388.1624c, 388.1626a, 388.1626b, 388.1629, 388.1631a, 388.1631d, 388.1631f, 388.1632b, 388.1632c, 388.1632d, 388.1632j, 388.1632l, 388.1632n, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1654a, 388.1654c, 388.1656, 388.1657, 388.1661a, 388.1662, 388.1664, 388.1665, 388.1674, 388.1681, 388.1694a, 388.1698, 388.1699, 388.1699a, 388.1699n, 388.1699p, 388.1701, 388.1704, 388.1707, 388.1747, and 388.1764c), sections 3, 6, 11, 11a, 11g, 11j, 11k, 11m, 15, 18, 20d, 22a, 22b, 22d, 24, 24a, 24c, 26a, 26b, 29, 31a, 31d, 31f, 32c, 32d, 32j, 32l, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 54a, 54c, 56, 57, 61a, 62, 64, 65, 74, 81, 94a, 98, 99, 99p, 104, 107, 147, and 164c as amended and sections 11n, 22e, and 99a as added by 2008 PA 268, section 8b as amended by 2007 PA 92, sections 20, 20j, and 32b as amended by 2008 PA 561, section 32n as added by 2007 PA 137, section 99n as added by 2008 PA 112, and section 101 as amended by 2006 PA 342, and by adding sections 22f, 32a, and 98a; and to repeal acts and parts of acts.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

The bill was read a first and second time by title and referred to the Committee on Appropriations.

House Bill No. 4473, entitled

A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending section 405 (MCL 418.405), as amended by 1980 PA 457.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

The bill was read a first and second time by title and referred to the Committee on Commerce and Tourism.

House Bill No. 4475, entitled

A bill to establish the autism research fund in the department of community health; to provide for the distribution of the money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

The bill was read a first and second time by title and referred to the Committee on Finance.

House Bill No. 4477, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2008 PA 560.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

The bill was read a first and second time by title and referred to the Committee on Finance.

House Bill No. 4680, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3135 (MCL 500.3135), as amended by 2002 PA 697.

The House of Representatives has passed the bill.

The bill was read a first and second time by title and referred to the Committee on Government Operations and Reform.

House Bill No. 4709, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 117 (MCL 208.1117).

The House of Representatives has passed the bill and ordered that it be given immediate effect.

The bill was read a first and second time by title and referred to the Committee on Finance.

Statements

Senators Cassis and Scott asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Cassis’ statement is as follows:

Lieutenant Governor, members, and colleagues, I think we can always use some good news, and that is what I am bringing today, some really good news about our Michigan young people who are leading the way.

Over the weekend of April 16th through the 18th, there were national and international robotics competitions. High school students from all over the world congregated in Atlanta, Georgia. Once again, one of our teams here in Michigan, and I am proud to say they are the Huron Valley Schools in Milford, Michigan, their FIRST Robotics Team, known as the HOT Team, which stands for Heroes of Tomorrow, came in first and second in the national awards. They teamed with Schaumburg, Illinois, and Mountain View, California.

Michigan teams have won seven of the last eight national championships, and the teams throughout the United States, I am happy to report, look to Michigan for guidance on how to be successful award winners. We may be second only to California in the number of robotics teams, but Michigan is first nationally and internationally in the number of awards. This is quite a record to be very proud of, and I want to salute, along with all of you, I am sure, these fine young people who are leading the way in advanced technology—so important to our future.

And, secondly, I had a wonderful opportunity yesterday to be a judge at the 2009 Team 71 Project Citizen Showcase. This is a federally-funded program targeting seventh graders to become involved in public policy. Just like we are here, they debate, research, and do all the background necessary to present a public policy point of view.

Yesterday this was done at the Novi Middle School under Kim Troost, who is their teacher, and interestingly enough, hosted by Jim Troost, her husband, who happens to be the director of programs for Michigan Project Citizen Showcase. These young people are learning democracy firsthand and becoming highly engaged in public policy debates. We see them also as our future—maybe future Representatives and State Senators. The Novi group will be in Lansing next month, and we will warmly, warmly greet them.

So thank you very much for this opportunity to celebrate young people, outstanding young people in Michigan today.

Senator Scott’s statement is as follows:

First Lady Eleanor Roosevelt said, “To handle yourself, use your head; to handle others, use your heart.” Mrs. Roosevelt was telling us, very simply, to not close ourselves off to the feelings, the pain, and the suffering of others. If we heed her words today, then we should understand the pain that unfair auto insurance rates are causing citizens in my district and certainly across the entire state. In our current economy, these high insurance rates are adding to the stress and economic woes our constituents are already dealing with.

I don’t want you to take action on this issue for me; I want you to do it for your constituents. I ask you to please decide today to move my bills and give our citizens the relief they so desperately need from these unfair insurance rates.

Committee Reports

The Committee on Finance reported

Senate Bill No. 141, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2008 PA 198.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

The committee further recommends that the bill be given immediate effect.

Nancy Cassis

Chairperson

To Report Out:

Yeas: Senators Cassis, Gilbert, Pappageorge, Jansen, Jacobs, Cherry and Whitmer

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

The Committee on Finance reported

Senate Bill No. 282, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2008 PA 198.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Nancy Cassis

Chairperson

To Report Out:

Yeas: Senators Cassis, Gilbert, Pappageorge, Jansen, Jacobs, Cherry and Whitmer

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

Senate Bill No. 361, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 111 (MCL 208.1111), as amended by 2008 PA 433.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Nancy Cassis

Chairperson

To Report Out:

Yeas: Senators Cassis, Gilbert, Pappageorge, Jansen, Cherry and Whitmer

Nays: Senator Jacobs

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

Senate Bill No. 367, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7dd (MCL 211.7dd), as amended by 2008 PA 243.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Nancy Cassis

Chairperson

To Report Out:

Yeas: Senators Cassis, Gilbert, Jansen, Jacobs, Cherry and Whitmer

Nays: Senator Pappageorge

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Finance submitted the following:

Meeting held on Thursday, April 2, 2009, at 3:50 p.m., Room 110, Farnum Building

Present: Senators Cassis (C), Gilbert, Pappageorge, Jansen, Jacobs, Cherry and Whitmer

Scheduled Meetings

Administrative Rules - Thursday, April 23, 8:30 a.m., Room 405, Capitol Building (373-6476)

Appropriations -

Subcommittees -

Community Colleges - Friday, April 24, 10:00 a.m., Kellogg Community College, Severin Classroom Building, Room A-206, 450 North Avenue, Battle Creek; Monday, May 11, 10:00 a.m., Alpena Community College, Roger C. Bauer Board Room, Charles R. Donnelly Natural Resources Center, Room 400, 665 Johnson Street, Alpena; and Wednesday, May 20, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Community Health Department - Thursdays, April 23, 2:00 p.m.; and April 30, May 7 and May 21, 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768)

Environmental Quality Department - Wednesdays, May 6, May 13 and May 20, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768)

Higher Education - Monday, April 27, 10:00 a.m., Central Michigan University, Park Library, 250 East Preston Road, Mt. Pleasant; Monday, May 4, 10:30 a.m., Northwood University, Sloan Family Building for Aftermarket Studies, 400 Whiting Drive, Midland; and Friday, May 15, 10:00 a.m., University of Michigan-Ann Arbor, Michigan League, Vandenberg Room, 911 North University Street, Ann Arbor (373-2768)

Judiciary and Corrections - Tuesdays, April 28, May 5, May 12 and May 19, 3:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768)

K-12, School Aid, Education - Tuesdays, April 28, May 5, May 12 and May 19, 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Natural Resources Department - Tuesday, April 28, 12:00 noon or later immediately following session, Room 405, Capitol Building; Tuesday, May 5, 12:00 noon or later immediately following session, Rooms 402 and 403, Capitol Building; and Tuesday, May 19, 12:00 noon or later immediately following session, Room 405, Capitol Building (373-2768)

Education - Thursday, April 23, 2:30 p.m., Room 110, Farnum Building (373-6920)

Energy Policy and Public Utilities - Thursday, April 23, 1:00 p.m., Room 210, Farnum Building (373-7350)

Finance - Thursday, April 23, 12:30 p.m., Room 110, Farnum Building (373-1758)

Legislative Commission on Statutory Mandates - Tuesday, April 28, 12:00 noon, Oakland County Executive Office Building, Executive Conference Room, 6th Floor, Building 41-West, 2100 Pontiac Lake Road, Waterford (373-0212)

Legislative Retirement Board of Trustees - Thursdays, June 4, September 10 and December 3, 2:00 p.m., Room H-252, Capitol Building (373-0575)

Michigan Capitol Committee - Thursday, April 30, 3:30 p.m., Room 426, Capitol Building (373-1972)

Natural Resources and Environmental Affairs - Wednesday, April 22, 1:00 p.m., Room 110, Farnum Building (373-3447)

State Drug Treatment Court Advisory Committee - Friday, May 8, 8:30 a.m., Michigan Hall of Justice Conference Center, Conference Room 1S69, 925 West Ottawa Street, Lansing (373-0212)

Senator Cropsey moved that the Senate adjourn.

The motion prevailed, the time being 11:34 a.m.

The President, Lieutenant Governor Cherry, declared the Senate adjourned until Wednesday, April 22, 2009, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate

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